News Room

News Room

Parents Not Liable For Acts Of Mentally Ill Adult * Post Verdict Juror Interview Where Concealment Is Alleged * Denial of Auto Theft Claim Where Insured Paid Lienholder May Allow For Recovery of Attorney Fees * Where Vehicle Is Consigned – Defendant Liability May Not Be Limited

October 20, 2014 Dear Ladies and Gentlemen: This month we would like to share with you some recent opinions from the Florida District Courts of Appeal that may be of interest to you. In Knight et. al. v. Merhige et. al., the Fourth District Court of Appeals held that the Defendants owed no legal duty […]

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Insurer Exposure to Bad Faith Potentially Extended as Liability for Breach of Contract is No Longer Required

September 25, 2014  CASE LAW UPDATE  Dear Ladies and Gentlemen: This correspondence is to advise you of a recent and extremely important bad faith decision from the Fourth District Court of Appeal which potentially extends insurance companies’ exposure to bad faith claims.  In Cammarata v. State Farm Florida Ins. Co., 2014 WL 4327948 (September 3, […]

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Where Actions of Insurer Were Not Based Solely on Its Own Interest No Bad Faith * Policy Exclusion for Expected or Intended Injury Extends to Pool Technician Aberrant Sexual Actions * Proposal for Settlement by One Defendant Which Released All Defendants Was Not Ambiguous

August 1, 2014 CASE LAW UPDATE Dear Ladies and Gentlemen: The United States District Courts in Florida and the Florida District Courts of Appeal have recently issued several opinions concerning coverage and bad faith that may be of interest to you.  EXECUTIVE SUMMARY In Joshua Moore v. Geico General Insurance Company,[1] the United States District […]

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Medicare Services and Collateral Source Rule * Property Liability – Ownership vs. Possession * Negligent Security – Admission of Similar Incidents * Irreparable Harm – Pre-Accident Medical Records

June 10, 2014 TORT CASE LAW UPDATE Dear Ladies and Gentlemen: This month we would like to share with you some recent opinions from the Florida District Courts of Appeal that may be of interest to you. In State Farm Mutual Automobile Insurance Company v. John Joerg, the Second District Court of Appeals held that […]

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Medical Malpractice Statutory Cap on Non-Economic Damages Unconstitutional * Irreparable Harm to Force Insurer to Defend Without Resolution of Coverage Dispute * Personal Representative of Estate Bound by Policy Holder Waiver of UM/UIM * Willful Tort Exception to 627.361 Does Not Extend to Failure to Act in Good Faith to Settle Claim

March 18, 2014 CASE LAW UPDATE Dear Ladies and Gentlemen: The Florida Supreme Court recently issued a decision that holds that medical malpractice statutory caps on wrongful death noneconomic damages provided in Florida Statute section 766.118 is unconstitutional as it is in violation of the Equal Protection Clause of the Florida Constitution.  Additionally, the Florida […]

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* SPECIAL UPDATE * Combating Third Party Bad Faith Actions With Affirmative Defense of “Bad Faith Set Up”

February 3, 2014 CASE LAW UPDATE Dear Ladies and Gentlemen: This correspondence is to advise you of a recent Pennsylvania Federal Court’s ruling allowing an insurer to plead “bad faith setup” as an affirmative defense in a bad faith cause of action.  Shannon v. New York Central Mutual Insurance Company, No. 3:13-CV-01432 (M.D. P.a. May […]

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Dog Bites: 2 Bites = How Many Occurrences * Knowledge Of Unlicensed Driver Admissible * Expert Cannot Create Issue Of Fact To Defeat MSJ If Testimony Speculative * The Doctrine Of Invited Error

January 8, 2014 CASE LAW UPDATE Dear Ladies and Gentlemen: This month we would like to share with you some recent opinions from the District Courts of Appeal of Florida.  We are highlighting specific cases that may be of interest to you. In Maddox v. Florida Farm Bureau, the Fifth District Court of Appeals reversed […]

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Summary Judgment in Favor of an Insurance Carrier Finding That There Was No Record Evidence of Bad Faith * Summary Judgment Precluded Where Disputed Issues Remained as to Whether Retention of Counsel was Impediment to Communication of Settlement Offer * Summary Judgment in Favor of Insurer Due to Insured’s Failure to Rebut Presumption of Prejudice Against Insurer * Third-Party Complaint Dismissed for Failure to Comply with Fla. Stat. 627.4136 * Examinations Under Oath are Invalid and Contrary to Florida’s No-Fault Statute * Prejudicial and Inflammatory Statements Denied Right to Fair Trial

CASE LAW UPDATE 10-25-13

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